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Decree No. 6512, July 21 2008

Original Language Title: Decreto nº 6.512, de 21 de Julho de 2008

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DECREE NO 6,512, DE July 21, 2008.

Promulga the Treaty of Extradition between the Federative Republic of Brazil and Romania, celebrated in Brasilia, on August 12, 2003.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and

Considering that the Government of the Federative Republic of Brazil and the Government of Romania have celebrated, in Bucharest, in 12 of August 2003, a Treaty of Extradition ;

Considering that the National Congress has approved this Treaty through Legislative Decree No. 304 of October 26, 2007 ;

Considering that the Treaty entered into international vigor on June 10, 2008, pursuant to its Article 15 ;

DECRETA:

Art. 1º The Treaty of Extradition between the Federative Republic of Brazil and Romania, celebrated in Brasilia, in 12 from August 2003, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º They are subject to approval by the National Congress any acts that may result in revision of the said Treated, as well as any supplementary adjustments that, in the terms of art. 49, inciso I, of the Constitution, carries charges or engraved commitments to the national heritage.

Art. 3º This Decree goes into effect on the date of its publication.

Brasilia, July 21, 2008 ; 187º of Independence and 120º of the Republic

LUIZ INACIO LULA DA SILVA

Samuel Pinheiro Guimarães Neto

Treaty of Extradition between the Federative Republic

from Brazil and Romania

The Federative Republic of Brazil

and

Romania

(hereinafter referred to as Contracting States),

Wish to regulate the reciprocal extradition of criminals,

Wake up what follows:

ARTICLE 1

Obligation of Extradition

1.Os Contracting States undertake reciprocal to extradite, in accordance with the rules and under the conditions laid down by this Treaty, any person who is in the territory of the Contracting State required and who is charged or convicted of a crime authorizing the extradition, on the basis of Article 2.

2.A extradition shall be possible for one of the crimes provided for in Article 2 if committed in the territory of the State Applicant Contracting Party or in a third State and the requesting Contracting State shall have the competence to prosecute and judge the person complained and apply the penalty.

3.A extradition will be possible in relation to the crimes provided for in Article 2, indifferently of such a crime having been committed before or after the entry into force of this Treaty.

ARTICLE 2

Crimes passable from extradition

1.O this Treaty shall apply to crimes that are punishable in the legislations of both Contracting States with penalties free deprivation of at least one year.

2.Se the extradition is requested for the purposes of sentencing compliance will be required even if the penalty to be complied with is at a minimum, one year.

3.Se the request for extradition refers to two or more offences punished with detention by the laws of the Contracting States, even if only one of them corresponds to the conditions provided for in paragraph 1 on the duration of the penalty, extradition may also be admitted for the other infractions.

4.No-The case of tax infractions on extradition cannot be refused by the fact that the legislation of the Contracting State required not to provide for the same system of fees and taxes or do not have the same type of regulation in respect of fees and taxes, customs or foreign currency exchange as the legislation of the requesting State.

ARTICLE 3

Reasons for refusing extradition

1.Uma person shall not be extradited if the competent authority of the Contracting State required to note the following:

a) the claimed person is a national of the requested Contracting State ; or

b) the infraction by which extradition is requested is of a political or uniquely military nature ; or

c) if there are important reasons to consider that the extradition of a person has been required with views to their pursuit or punishment on racial, religious, nationality or ethnic grounds or for their political convictions ; or that the situation of that person may aggravate by one or other of those reasons ; or

d) if the person whose extradition is required has been adjudicated definitively, indulged or amnestied in the territory of the State Contractor Required for the same crime as appearing on the extradition request or if the limitation has occurred under the law of at least one of the Contracting States ; or

and) if the person required for extradition has been convicted or must be tried in the applicant State by the applicant for an exception Tribunal or "ad hoc".

2.Em death penalty case for extradition is not possible, save upon express promise formulated by the State Applicant contractor that the same will not be performed, and there is commuting.

3.Para purposes of this Treaty, shall not be considered as political, especially, the following crimes:

a) attack on the life of the Head of State or a member of his family ;

b) genocide, war crimes, crimes against peace and humanity ;

c) terrorism.

ARTICLE 4

Obligation on extradition refusal

1.A refusal of the extradition of the national obliges the Contracting State required to submit the cause, at the request of the Applicant State applicant, their competent judicial authorities for the exercise of criminal prosecution and the trial, if any.

2.No case of the Contracting State required to refuse extradition of a foreigner, charged or convicted in the State Applicant Contracting, for serious infraction or for incriminating facts provided for in international conventions that do not impose another mode of repression, the examination of the competence itself and the exercise, if any, of the criminal action will be made ex officio, without exception and without delay.

3.Nos cases provided for in paragraphs 1 and 2, the requesting Contracting State shall transmit free of charge to the other State the documents, information and objects linked to the crime. The Requesting State applicant shall be informed of the outcome of their application.

ARTICLE 5

Procedures for extradition

1.Sem prejudice to the provisions of Article 6, the application for extradition shall be submitted in writing and forwarded by the via diplomatic.

2.O application should be accompanied by documentation containing:

a) identification data of the wanted person, together with any other information that can help the establish your identity, nationality (citizenship) and location where you find yourself ;

b) information on the crime that motivated the extradition request ;

c) the texts of the law applicable to the case ;

d) in the case of a convicted person, original or certified copy of the sentencing decision and of the warrant for the execution of the prison sentence or equivalent act ;

e) in the case of an indicted or accused person, original or authenticated copy of the arrest warrant issued by the authority competent in the territory of the requesting Contracting State.

3.Caso the information provided by the requesting Contracting State is deemed insufficient to enable the State Contractor required to make a decision on the case, in accordance with the provisions of this Treaty, the requested Contracting State should request the other State necessary additional information, and may set a deadline for its receipt.

ARTICLE 6

From Preventive Arrest

1.Em cases of urgency, the sought person may, in accordance with the legislation of the required Contracting State, be preemptively arrested upon request by the competent authorities of the applicant State Contracting State. The application for pre-trial detention should indicate the intention that the extradition of that person will be requested and include a declaration of the existence of arrest warrant or sentencing handed down against it, as well as the data of his tag.

2.A person arrested on request of such a nature will be released after sixty (60) days from the date of his detention if the extradition request is not received within that time frame. The release of the wanted person does not exclude a new arrest nor extradition if an application is subsequently received.

3.O request for preventive detention can also be transmitted through the International Criminal Police Organization- INTERPOL, as long as it is parallel communicated by the diplomatic track.

ARTICLE 7

Order Contest

If the extradition of a person is requested in tender with requests from third states, be it by the same crime or for another crime, the required Contracting State shall take its decision, within the limits laid down in its legislation, after taking into consideration the circumstances of the cause, including the provisions on the matter contained in any agreements existing between the required Contracting State and the third States applicants, the gravity and place of the crime, the respective dates of the applications, the nationality (citizenship) and the place of residence of the wanted person and the possibility of the subsequent extradition to another applicant state.

ARTICLE 8

Extradition's Extradition and Delivery Decision

1.O Required Contracting State shall inform the requesting Contracting State, by the diplomatic track, regarding its decision on extradition request.

2.No case of refusal of an extradition request, the required Contracting State shall also communicate the reasons for the denegation.

3.Se the application is accepted, the requesting Contracting State shall be informed on the site and the date of delivery of the extradited as well as on the duration of detention of this with views to his delivery

4.O Applicant Contracting State shall arrange for the removal of the extradited from the territory of the required Contracting State within the period of thirty (30) days, admission to maximum extension of thirty (30) days. New extension will only be admitted in the face of a force majer. If the person is not removed within that time frame, the required Contracting State may refuse to extradite her for the same offence.

ARTICLE 9

Bounce of Bens

1.Ao deferral a request for extradition, the requested Contracting State shall return to the requesting Contracting State, in the limits of the legislation of that State, all objects (including amounts in kind):

a) that can be used as proof of the crime ; or

b) that have been acquired by the person sought after the crime and who are in their possession or who have been discovered later.

2.Se the objects in question are subject to abduction or confiscation in the territory of the required Contracting State, this may, within the framework of pending proceedings, temporarily rehold them or deliver them on condition that they will be returned.

3.As provisions of this article shall be applied without prejudice to the right of the Contracting State required or of any another person who is not the wanted person. Existing such right, the goods shall be returned to the Contracting State required upon request and without burden, as soon as possible, after the completion of the judicial process.

ARTICLE 10

Specialty Rule

1.A extradited person shall enjoy all his or her individual rights and shall not be prosecuted, tried or detained with a view to the execution of a sentence or order of imprisonment for a crime committed prior to its delivery, diverse from that for which the extradition has been granted, except in the following cases:

a) when the Contracting State that has delivered the person in question consent. The request for consent is to be submitted by diplomatic means, instructed by the documents provided for in Article 5 and together with authentic copy of testimony made by the person extradited with respect to the offence concerned ;

b) when the person extradited, having had the opportunity to do so, there is no left the territory of the State to which it was delivered, transcurated forty-five (45) days of their definitive release, or, having left it, there is returned.

2.Quando the typification of the offence that motivated the prosecution is changed, during the process of the proceedings, the person extradited only will be prosecuted, tried or convicted if the offence in question, in its new description, continues to be criminal extradition crime.

3.Uma person shall not be, without the consent of the required Contracting State, reextradited to a third State in arising from a crime committed prior to its delivery or return to the requesting Contracting State, unless, after having had the opportunity to leave the territory of the State to which it was delivered, it did not do so within a period of sixty (60) days from the date of their definitive release or have returned to that territory after having left it.

ARTICLE 11

Languages Used

The extradition request and the submitted documents will be accompanied by official translations for the language of the Contractor State required.

ARTICLE 12

Expenses

The expenses pertaining to the extradition application will be cost in the following manner:

(a) the requesting Contracting State shall take all necessary action with respect to its representation procedural in the required Contracting State for any procedures arising from the extradition request, and shall bear the possible expenses arising therefrom ;

(b) expenses relating to the transport of the extradited person shall be borne by the requesting Contracting State ;

c) other expenses in the territory of the Contracting State required for the processing of the extradition request shall be cused by the required Contracting State.

ARTICLE 13

Reciprocal Legal Assistance

Each Contracting State shall offer to the other, within the limits laid down in its legislation, legal aid crime for which extradition was requested.

ARTICLE 14

Correlation with Other Inter

The present Treaty:

1.Não undermines the obligations that the Contracting States or one of them has assumed or will assume in accordance with any another international convention of multilateral character.

2.Ao even time, should facilitate the eventual application of the principles contained in international conventions already mentioned.

ARTICLE 15

Final provisions

1.Este Treaty is subject to ratification and the relevant instruments will be exchanged in Bucharest as soon as possible. The Treaty shall enter into force on the date of the exchange of the instruments of ratification.

2.O this Treaty will have undetermined duration. However, any one of the Contracting States may denounce it at any time by notifying the other by the diplomatic track. In this case, the Treaty will cease to apply six (6) months after the receipt of the notification.

Done in Brasília, on August 12, 2003, in two original copies, in the Portuguese and Romanian languages, both of which are the equally authentic texts.

In faith than, the undersigned, duly authorized to so much by their competent authorities, firming the present Treaty.

BY THE FEDERAL REPUBLIC OF BRAZIL

AMORIM CELSO

Minister of Foreign Affairs

BY THE REPUBLIC OF ROMANIA

RODICA MIHAELA STÃNOIU

Minister of Justice